What did Government Legislation Minister Cho Won-cheol say about the president’s authority over a Supreme Court justice recommendation?

Cho Won-cheol said the president is not bound by the chief justice’s recommendation and is therefore not obligated to appoint the proposed candidate. He characterized the recommendation power as a form of suggestion.

Why did President Lee Jae Myung ask Chief Justice Cho Hee-dae to recommend a new Supreme Court justice candidate?

Lee requested a new recommendation because he believed the rejected candidate had been proposed without sufficient prior consultation. Cho refused, saying the presidential demand lacked constitutional grounds and could undermine judicial independence.

How are Supreme Court justices appointed under South Korea’s Constitution?

The president appoints Supreme Court justices after the chief justice recommends candidates and the National Assembly gives its consent. The dispute centers on whether the president may reject a recommendation or request that the chief justice submit another one.

Gov't legislation minister says Supreme Court chief justice required by Constitution to suggest new candidate

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Summary

Government Legislation Minister Cho Won-cheol said Thursday that President Lee Jae Myung is not constitutionally required to appoint a Supreme Court justice recommended by Chief Justice Cho Hee-dae. Lee and Cho are in a standoff after Lee rejected a candidate proposed without sufficient prior consultation and requested a new recommendation. Cho has refused, arguing the demand lacks constitutional grounds and could undermine judicial independence. Cho Won-cheol said refusing to submit a new recommendation would neglect the chief justice’s constitutional duties.

Key Facts

The Constitution provides that Supreme Court justices are appointed by the president on the recommendation of the chief justice and with the consent of the National Assembly.
Government Legislation Minister Cho Won-cheol told a parliamentary audit that the chief justice’s recommendation power amounts to a form of suggestion.
Cho Won-cheol said seeking parliamentary consent for a candidate the president does not intend to appoint would make no sense.
Legal scholars remain divided over how to interpret the constitutional provisions governing Supreme Court appointments.

By Yonhap

Published Oct 15, 2026 3:01 pm KST

Government Legislation Minister Cho Won-cheol speaks during a parliamentary audit of his agency at the National Assembly in Seoul, Thursday. Korea Times photo by Shim Hyun-chul

The head of the Ministry of Government Legislation said Thursday that the president is not necessarily required to appoint a Supreme Court justice just as suggested by the chief of the top court.

President Lee Jae Myung and Supreme Court Chief Justice Cho Hee-dae have been locked in a standoff after Lee rejected a justice candidate suggested by Cho. Lee asked the chief justice to make a new recommendation on the grounds that the candidate was proposed without sufficient prior consultation.

Cho refused to budge, arguing Lee's demand lacks constitutional grounds and could be construed as undermining the judiciary's independence.

Under the Constitution, Supreme Court justices are appointed by the president on the recommendation by the chief justice and with the consent of the National Assembly. Legal scholars remain divided on how to interpret these constitutional provisions.

On Thursday, Government Legislation Minister Cho Won-cheol sided with Lee.

"The president is not bound by the recommendation and is therefore not obligated to appoint the recommended candidate," the minister said during a parliamentary audit of his agency, adding that the chief justice's power to recommend candidates amounts to "a form of suggestion."

The minister also said that it makes no sense for the president to ask for parliamentary consent when he has no intention to appoint the candidate. He also said that the Supreme Court chief justice would be neglecting his constitutional duties if he refuses to submit a new recommendation.

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